Often the response to a demand letter alleging trademark, copyright or patent infringement is the filing of a lawsuit by the alleged infringer for declaratory judgment of non-infringement. This article offers practical advice on language that can be included in a demand letter that may avoid giving rise to DJ jurisdiction. The article also discusses Federal Circuit precedent that creates a different standard in patent infringement actions.
- May 27, 2010Yuval H. Marcus and William R. Thornewell
This article discusses some common IP settlement terms that may give rise to antitrust liability.
May 27, 2010Miriam R. Vishio and Andrew SmithIntellectual property and advertising issues have emerged in the forefront of social media law. This article provides a brief look at 10 of these issues.
May 27, 2010Kyle-Beth Hilfere-Commerce sales appear to be continuing their slow upswing, according to statistics from the U.S. Census Bureau. Figures for the first quarter of 2010, released last month, show estimated e-retail spending up 1.5% over the fourth quarter of 2009.
May 27, 2010Michael Lear-OlimpiAs anyone, whether an attorney or not, might guess, the Internet has created in e-commerce more opportunity than ever for counterfeit goods to be displayed, bartered and sold. Human nature being what it is, an unprecedented number of individuals who feel that they are beyond the reach of U.S. law have fueled an historically high level of foreign counterfeit-goods transactions, resulting in many millions of dollars of economic damage to America.
May 27, 2010Jonathan BickThose of us involved in e-commerce pay particular attention when online sellers are involved, such as the report that the same e-seller sold a gun or accessories to two well-publicized killers. This year, however, there is an additional legal twist.
May 27, 2010Stanley P. JaskiewiczWho's doing what; who's going where.
May 27, 2010ALM Staff | Law Journal Newsletters |Highlights of the latest franchising cases from around the country.
May 27, 2010Cynthia M. Klaus and Meredith A. BauerIn this Q&A, Liss-Riordan discusses Awuah, et al. v. Coverall North America, Inc., as well as the general significance of litigation about the classification of franchisees and wage-and-classification issues for employees of franchisees.
May 27, 2010ALM Staff | Law Journal Newsletters |Recent key rulings around the country.
May 27, 2010ALM Staff | Law Journal Newsletters |

